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Modifications etc. (not altering text)
C1Pt. II (ss. 6–29) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)
(1)A person—
(a)shall not drive a public service vehicle on a road unless he is licensed for the purpose under this section; and
(b)shall not employ a person who is not so licensed for the purpose to drive a public service vehicle on a road.
Notwithstanding section 1(1) of this Act, in this section and in sections 23 to 26 of this Act “public service vehicle” shall be construed as meaning [F2a public service vehicle being used on a road for carrying passengers for hire or reward.]
(2)The authority having power to grant under this section a licence to a person to drive a public service vehicle shall be— [F3the traffic commissioner for the traffic area in which that person resides at the time when he applies for a licence].
(3)A person shall be disqualified for obtaining a licence to drive a public service vehicle unless he fulfils such conditions as may be prescribed.
(4)A licence to drive a public service vehicle may be limited to such type or types of vehicles as may be specified in the licence.
(5)A licence to drive a public service vehicle may at any time be suspended or revoked by the authority by whom it was granted upon the ground that, by reason of his conduct or physical disability, the holder is not a fit person to hold such a licence; and a licence suspended under this subsection shall during the time of suspension be of no effect.
(6)A licence to drive a public service vehicle shall, unless previously revoked, continue in force for five years from the date on which it is expressed to take effect.
(7)Without prejudice to section 23(3) of this Act if, on the date on which an application is made for a licence to drive a public service vehicle, the applicant is the holder of such a licence, the existing licence shall, notwithstanding anything in subsection (6) above, continue in force until the application is disposed of.
(8)A licence granted under this section to a person resident in any traffic area shall be valid in every other traffic area.
(9)Subject to section 68(1) and (3) of this Act, a person who contravenes subsection (1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding [F4level 4 on the standard scale].]
Textual Amendments
F1S. 22 repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), ss. 1(1)(2)(7), 16, Sch. 6
F2Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 5
F3Words substituted by virtue of Transport Act 1985 (c. 67, SIF 126), Sch. 7 para. 21(7)
F4Words subtituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Modifications etc. (not altering text)
C2S. 22 excluded (up to 1.4.1991:see S.I. 1990/2610, art. 2, Sch. para. (10)) by Transport Act 1985 (c. 67, SIF 126), s. 12(13)(a) as partly repealed by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
C3S. 22 excluded by Transport Act 1985 (c. 67, SIF 126), s. 18
(1)A person who, being the holder of or an applicant for a licence to drive a public service vehicle, feels aggrieved by the refusal or failure of [F6a traffic commissioner] . . . F7 to grant, or by the suspension or revocation of, such a licence, or by any limitation imposed thereon, may by notice in writing to the [F8commissioner] . . . F7, require [F8him] . . . F7 to reconsider the matter and shall on the reconsideration be entitled to be heard either personally or by his representative.
(2)A person who is so aggrieved or who is dissatisfied with the decision of the [F9commissioner] . . . F10 on the reconsideration of the matter may appeal—
(a)if he resides in England or Wales, to a magistrates’ court acting for the petty sessions area in which he resides,
(b)if he resides in Scotland, to the sheriff within whose jurisdiction he resides,
and on any such appeal the court or sheriff may make such order as it or he thinks fit and any order so made shall be binding on the [F9commissioner] . . . F10.
(3)Where the applicant for a licence to drive a public service vehicle, who is at the date of his application the holder of a licence, appeals under this section on the ground of refusal or failure to grant the licence, the existing licence shall, notwithstanding anything in section 22(6) of this Act, continue in force until the appeal has been disposed of.]
Textual Amendments
F5S. 23 repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:), s. 16, Sch. 6
F6Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(13)(a)
F7Words repealed by S.I. 1984/31, art. 5(c)(i)
F8Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(13)(a)
F9Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(13)(b)
F10Words repealed by S.I. 1984/31, art. 5(c)(ii)
(1)A licensing authority may, notwithstanding any driving test condition imposed by regulations, grant a licence to an applicant to drive a public service vehicle of any type if the authority is satisfied that the applicant has, within the period of five years ending on the date of the coming into force of the licence, held a licence granted under the law of Northern Ireland to drive a public service vehicle of that type.
(2)In this section—
“driving test condition”, in relation to an applicant for a licence to drive a public service vehicle of any type, means a condition as to the provision of facilities for, or the passing of, a practical test of his ability to drive a public service vehicle of that type;
“licencing authority” shall be construed in accordance with section 22(2) of this Act.]
Textual Amendments
F11S. 23A inserted by Road Traffic (Driving Licences) Act 1983 (c. 43, SIF 107:1), s. 3 and repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6